{"id":64312,"date":"2026-06-25T14:00:03","date_gmt":"2026-06-25T19:00:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64312"},"modified":"2026-06-25T15:33:58","modified_gmt":"2026-06-25T20:33:58","slug":"tx3-dui-blood-draw-while-in-restraint-chair-not-4a-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64312","title":{"rendered":"TX3: DUI blood draw while in restraint chair not 4A unreasonable"},"content":{"rendered":"\n<p>Taking defendant\u2019s blood for DUI at the station house by warrant when he was in a restraint chair didn\u2019t make the search unreasonable. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=fffaa4b6-1925-450f-b8f5-b83d899d323b&amp;MediaID=97487309-2591-4da9-9c13-a7ca9173131a&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Hildebrandt v. State<\/a>, 2026 Tex. App. LEXIS 5866 (Tex. App. \u2013 Austin June 25, 2026).<\/p>\n\n\n\n<p>A Ring doorbell camera should have caught these events, but it was missing. Police used a search warrant to Ring to get the video from the cloud. State v. Guccione , 2026 La. App. LEXIS 1233 (La. App. 3 Cir. June 17, 2026).*<\/p>\n\n\n\n<p>\u201cOverall, the district court concluded that the search of the vehicle was lawful under the automobile exception to the Fourth Amendment because Mr. Lindsey \u2018refused to pull over immediately despite several opportunities to do so; the police observed [him] make furtive movements as if hiding objects; [he] made a left turn, slowed, and accelerated as if looking for a place to bail and run; [he] refused to speak to the officers when they first approached his vehicle; [he] fumbled with his keys and restarted his engine before turning it off again; and [he] spontaneously disclaimed ownership of the vehicle when the police stated their intent to search it.\u2019\u201d United States v. Lindsey, 2026 U.S. App. LEXIS 18423 (11th Cir. June 24, 2026).* [Watch some sovereign citizen traffic stops on YouTube. Refusal to open the door or roll down the window is common. Here, doing that contributed to reasonable suspicion defendant was armed or had contraband.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Taking defendant\u2019s blood for DUI at the station house by warrant when he was in a restraint chair didn\u2019t make the search unreasonable. Hildebrandt v. State, 2026 Tex. App. LEXIS 5866 (Tex. App. \u2013 Austin June 25, 2026). A Ring &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64312\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,12,16],"tags":[],"class_list":["post-64312","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-computer-searches","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64312","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64312"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64312\/revisions"}],"predecessor-version":[{"id":64317,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64312\/revisions\/64317"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64312"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64312"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64312"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}